H-1B Temporary Worker Visa Type

• Unlike the J-1 visa, the H-1B is strictly a working visa with no underlying educational component.  It is used by industry as well as academic institutions to hire temporary workers.
• Despite the temporary designation, H-1B workers are not required to maintain a permanent residence abroad, and may have a long-term intent to immigrate. Many think the H-1B is the first step toward immigrating; it is not.
• In order to qualify for H-1B status, the position must be a “specialty occupation”, meaning it must require a minimum of a Bachelor’s degree in a specific field, and the individual must hold that specific degree.  Most faculty and academic staff positions at UW-Madison qualify as a specialty occupation.
• If the UW is the H-1B sponsor all services payments must be made through Payroll as an employee.
• If the UW is not H-1B sponsor service are not allowed.

• salary must equal or exceed either the prevailing or the actual wage, whichever is higher
• the position must be posted in accordance with Department of Labor requirements
• the hiring department must pay the cost of return transportation to the H-1B’s home country or country of last permanent residence should the person be dismissed for any reason prior to the end date of the H-1B
• H-1B is job specific. Any change in employer, job duties, location, salary etc. may require a new or amended petition before the change can be made.  New recruitment may be required for a new petition
• Medical Doctor’s activities are limited to research and teaching; no patient care.  Foreign trained Medical Doctors may do a residency in H-1B status if they have passed the Federal Licensing Exam or all three parts of the United States Medical Licensing Exam, and the Educational Commission for Foreign Medical Graduates English exam.

For H-1B sponsored by UW payments must be made through Payroll and the following documents are required:

• Position Vacancy Listing (PVL) or PVL waiver
• Prevailing Wage Request Form
• Labor Condition Application (LCA)
• I-129
• appointment letter
• documentation of person’s qualifications (see H-1B handout for details)
• Please contact your Human Resources Representative or the office of Internal Faculty and Staff Services (IFSS) for details and other required documents

• Form W-8BEN for tax reportable payments
• Immigration and taxation documentation outlined at Required Documents for Payment, including applying for U.S. Individual Taxpayer Identification Number (ITIN) (Flowchart).
• Refer to 203 Payment for Services and Travel and Expense Reimbursement for Non-employees

Salary

• Contact you Dean’s Office Payroll Representative for additional documentation required for completing the I-9 Verification and other required documents to set up the employee on the Human Resources System (HRS).

Policy:

• If payment involves travel related expenses/reimbursements please make read and follow Policy and Procedures: 203 Payment for Services and Travel and Expense Reimbursement for Non-employees.

Travel Reimbursement

• For campuses using E-Reimbursement (UW-Madison):
  • Documented travel expenses must be processed through E-reimbursement.  See Policy: 203-Payment for Services and Travel and Expense Reimbursement for Non-employees.
•  For campuses not using E-Reimbursement:
  • Use a Payment to Individual Report (PIR)
  • Immigration documentation required is outlined at Required Documents for Payment, including applying for U.S. Individual Taxpayer Identification Number (ITIN) (Flowchart).